“Know Your Rights Under the Open Meeting Law, M.G.L. c. 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
February 10, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on February 3, 2011 at 3:48 P.M. This meeting is being taped and is
live on S.A.T.V.
All Councillors were present.
Council President Ryan presided.
Councillor Sargent moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Ryan requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow for the presentation of Salem Medals to the following World War II Veterans.
Rudolph Lebel Staff Sergeant, U.S. Army Air Corps
Albert Sobocinski Seaman 1st Class, United States Coast Guard
Peter Carbone Seaman 1st Class, U.S. Navy
Ruthe Pineault 1st Lt., U.S. Army
Albert Provencher Corporal, U.S. Army
Clifford Provencher Corporal, U.S. Army
Walter Kosek Private First Class, U.S. Army
Robert Hiltunen Aviation Radioman, 3rd Class, U.S. Navy
Victor Matsur Store Keeper, 3rd Class, U.S. Navy
Robert J. Field Seaman 1st Class, U.S. Navy
Leonard St. Pierre Sergeant, U.S. Army
John Terry Radioman 3rd Class, U.S. Navy
Lucien R. Beaulieu Navy Gunners Mate 2nd Class, U.S. Navy
Chester Ziarkowski Signalman 2nd Class, United States Coast Guard
Daniel Mackey Sergeant, U.S. Army Air Corps
Councillor Sosnowski requested a 5 minute recess. There were no objections.
PUBLIC TESTIMONY
The following signed the roster to speak for Public Testimony.
Stacey Ray Fraser, 7 Carpenter St. (Home Rule Petition) – chose not to speak
Linda Cappuccio, 94 Lafayette St. (Home Rule Petition) – chose not to speak
Dirk H. Isbrandtsen, 94 Wharf St. (Home Rule Petition)
Patrick Schults, 76 Lafayette St. (Home Rule Petition)
Ray Church, 27 Church St. (Home Rule Petition)
Rinus Oosthoek, 265 Essex St., (Home Rule Petition)
Darek Barcikowski, 14 Curtis St., (Home Rule Petition)
Jennifer Reardon, 35 Chestnut St., (Home Rule Petition)
George Carey, Finz – Pickering Wharf (Home Rule Petition)
Lindsay Morsillo, 53 Broad St., (Home Rule Petition)
Joe Slesar, 278 Derby St., (Home Rule Petition)
George Osgood, 278 Derby St., (Home Rule Petition)
#85 - CONSTABLES
The Mayor’s reappointments of the following to serve as Constables with the following terms to expire, was received and placed on file.
Ronald Bertheim, 16 Lenox Ave., Methuen Term to Expire: February 25, 2014
James Danforth, 16 Wentworth Dr., Beverly Term to Expire: February 1, 2014
Ruthanne Davis, 9 1/2 Intervale Rd., Salem Term to Expire: February 6, 2014
#86 – APPR. FOR RETIREMENT STABILIZATION FUND – VACATION / SICK LEAVE BUYBACK
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifty-Five Thousand, Two Hundred and Fifty Dollars and Thirty Cents ($55,250.30) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement of Barbara Fortunato and Kathleen Hayes of the School Department, in accordance with the recommendation of Her Honor the Mayor.
#87 – TRANSFER TO CEMETERY – BURIAL
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Two Thousand Dollars ($2,000.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Cemetery - Burial” account in accordance with the recommendation of Her Honor the Mayor.
#88 – TRANSFER TO DATA PROCESSING – DATA PROCESSING MAINTENANCE
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of One Thousand One Hundred Dollars ($1,100.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Data Processing – Data Processing Maintenance” account in accordance with the recommendation of Her Honor the Mayor.
#89 – STATUS OF 400 TON PERMIT ISSUED TO NORTHSIDE CARTING
Councillor Pinto introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the matter of the status of an Appeal for a 400 ton permit issued to Northside Carting by the Board of Health.
#90 – RESOLUTION ACCIDENT AT NEW COURT HOUSE COMPLEX
Councillor Sargent introduced the following Resolution. The Resolution did not pass by a vote of 3 yeas, 8 nays, 0 absent.
RESOLUTION:
WHEREAS: the Commonwealth of Massachusetts, through the Division of Capital Asset Management (DCAM), is in the midst of constructing a new $106 million court complex in downtown Salem, to be known as the J. Michael Ruane Judicial Center, and
WHEREAS: a serious accident involving a stone panel falling from the building occurred on June 15, 2010 at the site of the new court complex that resulted in serious injury to a worker on the job site, and
WHEREAS: an investigation recently completed by DCAM has determined that the masonry contractor on the site, Lighthouse Masonry, incorrectly attached the panels to the building that caused the accident by using incorrect and substandard screws, and
WHEREAS: it is in the best interest of local officials to make certain that construction of the court complex is completed in a safe manner that will avoid worker injuries and help ensure that the building is safe and secure to patrons and passersby following completion as well, and
WHEREAS: Lighthouse Masonry is still working on this project despite a history of prior safety violations and recent decertification by DCAM,
NOW THEREFORE BE IT RESOLVED by the Salem City Council, as follows:
That the City Council hereby requests that DCAM take any and all action necessary, including removal and debarment of the current masonry contractor, to make certain the safety of workers during the remainder of construction and to ensure safe and secure passage at the building to future patrons, employees and passersby that will be utilizing the court complex upon its completion.
#91 – DISCUSS ORDINANCE RELATIVE TO MAYOR’S SALARY
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet to discuss City Ordinance Chapter 2 Section 142 Compensation for the Mayor. And that the following be invited City Solicitor and Mayor or her representative.
#92 – DISCUSS ORDINANCE RELATIVE TO COMPENSATION FOR THE SCHOOL COMMITTEE
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet to discuss City Ordinance Chapter 2 Section 956 Compensation for members of the School Committee. And that the following be invited members of the School Committee, City Solicitor and Mayor or her representative.
#93 – PLAQUE COMMEMORATING THE BIRTH PLACE OF GENERAL GLOVER
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet to discuss the location and subsequent installation of a plaque commemorating the birthplace of General Gover who was born in the general area of what is now St. John’s Church parking lot. And that the following be invited, members of the Salem Veteran’s Council, Veteran’s Agent Jean-Guy Martineau, Building Inspector Thomas St. Pierre, DPW Director Richard Rennard, Asst. DPW Director Ron Malionek, Jan Guy form the Historic Commission, City Solicitor Elizabeth Rennard, Father Paul Bresnahan pastor of St. John’s Church and a representative of Marblehead Historic Society.
#94 – NAMING OF A SQUARE FOR MAJOR GENERAL STEVEN ABBOTT
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet to discuss naming the intersection of Brown and New Liberty Street as “Major General Steven Abbott Square”. And that the following be invited members of the Salem Veteran’s Council, Veteran’s Agent Jean-Guy Martineau, Building Inspector Thomas St. Pierre, DPW Director Richard Rennard, Asst. DPW Director Ron Malionek, Jane Guy from the Historic Commission, City Solicitor Elizabeth Rennard and Father Paul Bresnahan pastor of St. John’s Church.
#95 – OPENING ESSEX STREET FROM NEW LIBERTY TO HAWTHORNE BLVD. TO TWO WAY TRAFFIC
Councillor Sosnowski introduced the following Order, which was adopted. Councillor Furey was recorded as opposed.
ORDERED: That the Committee on Community and Economic Development meet to discuss the possibility of opening up Essex Street from New Liberty Street to Hawthorne Boulevard to two way traffic and that the following be invited, representative from the Police Department, Parking Board, Fire Department and the Chamber of Commerce.
#96 – FORM SUB-COMMITTEE TO FIND A SITE FOR A NEW CITY HALL ANNEX
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet to discuss the formation of a sub-committee who’s goal is to find a site, find a design and a way to finance a new city hall annex and that only a City owned parcel be considered where it is to be built.
The sub-committee shall consist of a representative from the Mayor’s office, City Council President, two additional City Councillors, Planning Department, Building Inspector, Finance Director and City Solicitor. And that the sub-committee’s work to be completed within one year for a shovel ready project.
#97 – REVIEW ORDINANCE RELATIVE TO SNOW & ICE REMOVAL ON PUBLIC WAYS
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss amending the Snow and Ice removal ordinance, specifically, adding a provision which would allow the City to remove and clear snow and ice on public ways utilized by pedestrians in instances where a public safety situation has been identified. Invited: Director of Public Services, Director of Inspectional Services, Chief of Police or his representative, the Mayor or her representative.
#98 – (#660) FIVE YEAR LEASE AGREEMENT FOR CITY HALL ANNEX
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report. The matter did not pass by roll call vote of 6 yeas, 5 nays, 0 absent (8votes required).
Councillor Pinto moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a five (5) year Lease Agreement for 120 Washington Street, has considered said matter and would recommend approval with the following amendment, that the lease comes back after 5 years for Council approval of one year extensions.
Councillor O’Keefe assumed the Chair as Councillor Ryan recused himself and left the Chamber.
#99 – (#468) CRITERIA FOR HOME RULE PETITIONS
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of adopting criteria for Home Rule Petitions for additional liquor licenses, has considered said matter and would recommend that the matter remain in Committee.
#100 – (#14) HOME RULE PETITION FOR SEASONAL LIQUOR LICENSE TO BE MADE ANNUAL WITH ADDITIONAL LICENSES
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report.
T The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a Home Rule Petition to make current seasonal liquor licenses annual licenses, has considered said matter and would recommend amend by adding B-5 Zoning to Section 3 (a) and also add (c) to Section 3 “if an existing liquor license purchases one of the 3 additional liquor licenses, the current liquor license of that business shall be sold under the condition that it shall remain in the B-5 Zoning District” and that the matter be reported out of Committee with no recommendation.
Councillor Lovely moved to amend by adding 3 (c). The motion was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, Ronan, Prevey, Pinto, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillors Sosnowski and Pelletier were recorded as voting in the negative. Councillor Ryan was recorded as absent.
Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Lovely moved to divide the question and take up section 3 separate from sections 1, 2, 4 and 5. Councillor Pelletier seconded the motion. The motion was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. No Councillors voting in the negative. Councillor Ryan was recorded as absent.
Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Sargent amendment to add Section 3 (d) “This agreement shall forever remain a part of any license that is created by it”. Adopted by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Sosnowski, Sargent, Prevey, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillors Ronan, Pinto, and Pelletier were recorded as voting in the negative. Councillor Ryan was recorded as absent.
Councillor Lovely moved adoption of Section 3 as amended. The motion failed by a roll call vote of 5 yeas, 5 nays, 1 absent. Councillors Sargent, Ronan, Pelletier, O’Keefe, and Furey were recorded as voting in the affirmative. Councillors Sosnowski, Prevey, Pinto, McCarthy, and Lovely were recorded as voting in the negative. Councillor Ryan was recorded as absent.
Councillor Sosnowski moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Sosnowski moved to divide the question and take up section 1. The motion was not seconded.
Councillor McCarthy moved to amend Section 4 (a) by deleting after the comma “unless the licensing authority agrees to enter etc. to the period. The motion was not seconded.
Councillor Sargent moved to amend Section 5 and make it Section 6 and insert in Section 5 “This agreement shall forever remain a part of any license that is surrendered to and reissued by the Licensing Board as a result of it”. The motion did not pass by roll call vote of 5 yeas, 5 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pinto and McCarthy were recorded as voting in the affirmative. Councillors Ronan, Pelletier, O’Keefe, Lovely and Furey were recorded as voting in the negative. Councillor Ryan was recorded as absent.
Councillor Sargent moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Lovely moved to amend by renumbering section 4 to be Section 3 and Section 5 to be Section 4 and to adopt Sections 1, 2, 3 and 4 as amended. Adopted by roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Sargent, Ronan, Pelletier, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillors Sosnowski, Prevey and Pinto were recorded as voting in the negative. Councillor Ryan was recorded as absent.
Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#101 – (#70, 72-76) GRANTING LICENSES
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend approval.
PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem
SEAWORM Arthur Barreira, 49 Webster St., Peabody
SECOND HAND Salem Loan & Jewelry, 33 New Derby St., Salem
VALUABLE
TAG DAYS S.H.S. Boys Basketball, February 19, 2011
S.H.S. Girls Outdoor Track, March 26, 2011
S.H.S. Boys Basketball, December 10, 2011 & December 17, 2011
#102 – (#71) GRANTING LICENSES
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend that it remain in Committee.
PUBLIC GUIDE Dawn Leoni, 16 Phillips St., Salem
#103 – (#49) TRANSFER TO GOLF COURSE - IRRIGATION
Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of a transfer in the amount of $9,000.00 from “Receipts Reserved – Golf Course” to “Golf – Irrigation”, has considered said matter and would recommend approval.
#104 – (#50) RESOLUTION FOR GT CRYSTAL SYSTEMS LLC, MASS. ECONOMIC DEVELOPMENT INCENTIVE PROGRAM
Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of a Resolution for GT Crystal System LLC for the Massachusetts Economic Development Incentive Program, has considered said matter and would recommend approval.
Councillor O’Keefe assumed the Chair.
#105 – #105A (#54) RENAMING THE BRIDGE STREET BY-PASS TO SGT. JAMES AYUBE MEMORIAL DRIVE
Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of the re-naming of the by-pass road to Sgt. James Ayube Memorial Drive, has considered said matter and would recommend the attached resolution be adopted.
RESOLUTION: That a petition to the General Court, accompanied by a bill as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
AN ACT designating the new Bridge Street Bypass Road in Salem as the “Sgt. James Ayube Memorial Drive”
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The Bridge Street Bypass Road in Salem shall be designated and known as the Sgt. James Auybe Memorial Drive. The Massachusetts Department of Transportation shall erect and maintain such suitable markers bearing such designation in compliance with the standards of the department.
SECTION 2. This act shall take effect upon its passage.
Councillor Lovely assumed the Chair
Councillors O’Keefe and Ryan recused themselves and left the Chamber.
#106 – (#588) ACCEPT M.G.L. FOR EARLY RETIREMENT INCENTIVE PROGRAM
Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of accepting Massachusetts General Law Section 66 Chapter 188 for Early Retirement Incentive Program, has considered said matter and would recommend approval.
#107 – (#618) ACCEPT M.G.L. TO ESTABLISH AN OTHER POST EMPLOYMENT BENEFITS (OPEB) LIABILITY TRUST FUND
Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of accepting Massachusetts General Law Chapter 32b section 20 to establish an Other Post Employment Benefits Liability Trust Fund, has considered said matter and would recommend approval.
Councillor Ryan assumed the Chair.
#108 - #113 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SECOND HAND Same Day Services, 2 Mason St.
VALUABLE
TAG DAYS S.H.S. Baseball, April 9th & 23rd, 2011
S.H.S. Boys Soccer, Sept. 10th & Oct. 15th, 2011
Salem Little League, June 18th, May 7th & July 9th, 2011
Witch City Post 1524, May 26, 27, 28, & 29th, 2011
Witch City Post 1524, Nov. 10, 11, 12, & 13th, 2011
#114 - #115 LICENSE APPLICATIONS
The following licenses applications were granted.
LIMOUSINE Salem Taxi Company, 27 Congress St., Salem (5)
TAXI CABS North Shore Taxi, 27 Walnut St., Peabody (5)
Salem, Taxi Company, 27 Congress St., Salem (4)
TAXI OPERATORS
Edmund F. Neves Jr., 14 Chapman St. #3, Beverly
Jorge L. Peralta, 8 Ropes St. #2, Salem
Douglas Stephens, 9 Park St. #30, Beverly
Julio Jimenez, 11-B Rockdale Park, Peabody
Robert J. Corriveau Jr., 78 Endicott St., Peabody
#116 – TAXI OPERATOR LICENSE APPLICATION
The following taxi operator license application was denied.
TAXI OPERATOR Keith Currier, 15 Carol Ann Rd., Peabody
#117 – DRANLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator License was granted.
Mattuchio Construction Co. Inc., 323 Commercial St., Malden 02148
#118 - #120 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Zakhar Glukhovsky, 192 Carmen Hill #2, New Milford, CT 06776
Michael Halpin, 1 Friendship Ln., Salem
Nicole Underwood, 98 Washington Sq. E. #2, Salem
#121 - #122 BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: Ruthanne Davis, 9 ½ Intervale Rd., Salem
DRAINLAYER: Mattuchio Construction Co. Inc., 323 Commercial St., Malden
(#52) - SECOND PASSAGE – ORDINANCE TRAFFIC PARKING PROHIBITED, WESTERLY SIDE OF FEDERAL STREET
The matter of second and final passage of an Ordinance amending Traffic, Parking Prohibited Tow Zone, Federal Street westerly side, was then taken up. The Ordinance was adopted for second and final passage.
(#53) - SECOND PASSAGE – ORDINANCE TRAFFIC PARKING PROHIBITED, GREEN SPACE TRAFFIC ISLAND ON BRIDGE ST. AT ST. PETER STREET
The matter of second and final passage of an Ordinance amending Traffic, Parking Prohibited Tow Zone, Green Space Traffic Island located on Bridge Street at St. Peter Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Ronan the meeting adjourned at 11:30 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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